DHARMENDRA KUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is a petition filed by Accused No.2 in Spl.Case No.359/2019 arising out of Cr.No.110/2019 of Hanur P.S. alleging offences punishable under Sections 377 , 114 read with Section 34 of IPC besides Sections 3 and 4 of the POCSO Act, 2012. Since from the date of his arrest, the accused is in judicial custody. Therefore, the counsel is praying for enlarging him on regular bail, for the grounds urged therein.

(2.) Heard the learned counsel for the petitioner and the learned HCGP for the State through video conferencing.

(3.) It transpires from the complaint report submitted by the Village Accountant namely N. Sheshanna that a minor victim boy named Anuj Kumar was brought by the petitioner from Uttar Pradesh and he had employed the boy to sell cotton candy by paying him a monthly a salary of Rs.8,000/-. It is alleged that on 22.09.2019 at 11.00 p.m. when the victim boy Anuj Kumar was sleeping, Accused No.1 / Dada had removed the boy's cloths and had fondled his body and thereby committed carnal intercourse on him. The allegation against the present petitioner / Accused no.2 is that he had instigated / abetted the said act. Thereafter, CW-5 and CW-6 being members of Mukthi Association, Bengaluru, had produced the victim boy and accordingly criminal law set into motion based upon the information. Subsequent to registration of the crime against the accused, they were apprehended by the police and thereafter the case was proceeded for investigation. The I.O. thoroughly investigated the case by recording the statement of witnesses, drawing up a mahazar in the presence of panch witnesses and securing report from the Doctor relating to the act committed by Accused No.1 regarding carnal intercourse on the victim boy. During investigation, the victim boy had given statement as contemplated under Section 164(5) of the Cr.P.C. The same has been recorded by the Prl. Civil Judge and JMFC, Kollegal.